HomeMy WebLinkAboutPK1997-0225 - Original - Eileen M. and Charles Ecklund and Mary I. Pietz - Purchase of Lake Fenwick Property - 09/04/1997 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OF KENT, a Washington municipal
corporation, whose mailing address is 220 4th Ave. S, Kent. Washington 98032, ("Buyer"), and
Eileen M. Ecklund 27213 122nd Ave. SE Kent. WA 98031 as to an undivided 1/3 interest and
Mary I. Pietz 75017 302nd Street Court E.. Graham. WA 98338.as to an undivided 1/3 interest. and
Charles Ecklund. 108 G Street S.W. Auburn WA 98002 as to an undivided 1/3 interest. as their
individual separate estates, ("Sellers"), for the sale and purchase of real property as follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereoft, which Buyer agrees to buy and Sellers agree to sell, is commonly known to be located at
the north end of Lake Fenwick, and which Property is legally described in Exhibit A, attached
hereto and incorporated herein by this reference. A map indicating the location of the Property is
also attached as Exhibit B, incorporated herein by this reference.
2. EARNEST MONEY. Received from Buyer. Five Hundred and No/100 Dollars
($500.00) in the form of a City of Kent purchase order, as earnest money and part payment on the
purchase price of the property.
3. PURCHASE PRICE. The total purchase price for the Property is Five Thousand
Seven Hundred Sixty and No/100 Dollars (S5,760.00), including earnest money, payable on
closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Kent City Council.
(b) Buyers review and approval of the title report on the property prior to Closing.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
REAL ESTATE PURCHASE AND SALE AGREEMENT PAGE
�1 of 6
P
shall be conveyed by Sellers to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Sellers shall cause Pacific Northwest Title
Company of Washington, Inc., 1201 Third Avenue, Suite 3800, Seattle. WA 98101-3055, to issue
a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase
price of the Real Property, and insuring the Real Property be discharged by Sellers shall be paid from
Seller's funds at Closing. For purposes of this Agreement, the following shall not be deemed
encumbrances or defects: rights reserved and federal patents or state deeds; building or use
restrictions consistent with current zoning, and utility and road easements of record. If title cannot
be made so insurable prior to the Closing date called for herein, unless Buyer elects to waive such
defects or encumbrances or extend the time for Sellers' performance of this condition,this agreement
shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Sellers, except those fees which are expressly limited by Federal
Regulation. Sellers shall pay for excise tax and revenue stamps. Taxes for the current year shall be
pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by August 28, 1997 which
shall also be the termination date of this agreement unless said closing date is extended in writing
by mutual agreement of the parties. When notified, the Buyer and Sellers will deposit, without
delay, in escrow with Pacific Northwest Title. 116 Washington Avenue N., Kent, Washington
98032-0864,all instruments and monies required to complete the transaction in accordance with this
agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are
executed and the sale proceeds are available for disbursement to the Sellers.
9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Sellers represents:
REAL ESTATE PURCHASE AND SALE AGREEMENT PAGE
2 of 6
E�m /I
ri5,4� 6,dg
(a) that they have no knowledge or notice from any governmental agency of any
violation of laws relating to the subject property except:
(b) that the property is not encumbered by any leases.
12. SELLERS' ENVIRONMENTAL REPRESENTATIONS. Sellers represent that
to the best of their knowledge that they are not aware of existence of, or has caused or allowed to be
caused, any environment condition (including, without limitation, a spill. discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occurring
prior to the closing date, the result of which may require remedial action pursuant to any federal,
state or local law or may be the basis for the assertion of any third party claims, including claims of
governmental entities. This provision shall survive the closing and be in addition to Seller's
obligation for breach of a representation or warranty as may be set forth herein.
13. SELLE S' INDEMNITIES: Sell rs agree to indemnify old harmless the
Bu r,against and in respe of, any and all damages, cl ' s, losses, i ilities,judg ents,demands,
fees, o ligation, assessments, d expenses and costs, i ding, without limitatio , reasona
ring and o r expenses which may be im upon or
legal, ac untmg, consulting, engm g P
�+
incurred b u or asserted against er, by any other parry r part' including, without
y yer,
limitation, a gov ental entity), ' mg out o in connection . an environmental co ition
existing as of and/o rior the closing date, inclu in e exposure of person ny ch
environmental condi i n, egardless of whether s envir ental condit' o xposure resulte
from activiti of Sellers or llers' pr cessors in interest.
This indemnity shall s 1 the closing and b i addition to ellers' obligation for breach
of a representation or warranty as may be set orth herein.
14. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLERS' SOLE
REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE IN THE LIQUIDATED
AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE BUYER. BUYER AND
SELLERS INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND
REAL ESTATE PURCHASE AND SALE AGREEMENT P GE 3 of 6
SO AS TO AVOID OTHER COSTS AND EXPENSES TO EITHER PARTY IN CONNECTION
WITH POTENTIAL LITIGATION ON ACCOUNT OF BUYER'S DEFAULT. BUYER AND
SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES.
(b) Sellers'Default. IF SELLERS DEFAULT HEREUNDER,BUYER SHALL HAVE
ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attomey's fees.
15. NOTICE TO SELLERS. This form contains provisions for an agreement for the
purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before
signing.
16. NON-MERGER. The terms,conditions,and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as
follows:
Lori Flemm
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
(b) All notices to be given to Sellers shall be addressed as
follows:
REAL ESTATE PURCHASE AND SALE AGREEMENT PAGE 4 of 6
Eileen Ecklund c/o Cindy Birch 27213 lend Ave. SE. Kent WA 98031
Charles Eckland 208 G Street SW Auburn WA 98002
Mqa Pietz 75017 302nd Street Court E. Graham WA 98338
Either party hereto may, by written notice to the other, designate such other address for the
giving of notices as being necessary. All notices shall be deemed given on the day such notice is
personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between sellers and buyer. There have been no verbal or other
agreements that modify this agreement.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER: SELLERS:
THE CITY OF KENT
By: By;
M WHITE, Mayor Eilee ckl d
Da _T� I Dated
APPROVED AS TO FORM: By'
Charles Ecd
Dated
y:
OGE L OVICHL./ r✓�� Mary Pietz . ?
CITY ATTORNEY Dated: ��
REAL ESTATE PURCHASE AND SALE AGREEMENT PAGE 5 of 6
CAUSERSWMECKLAND.P&S
REAL ESTATE PURCHASE AND SALE AGREEMENT PAGE 6 of 6
r ,
EXHIBIT A
order No. 310604
`.. a. CON
VITME2N:'
SC EDL"LE A
?ace
referred _n to_s Lomm_—pen` _S si..:area _n the �Cll::t;f OL
.The 'and _rr �� V King, state of Washington, and described as follows :
Cmmenc_:G at �ne scutawest ccrne . -_
JL e crth � ...
easc :artr Of _:
C
_cwns.^:_ Ncrt:, Rar_ge 4 EdSt
ncrt:_east auarz..-_ Of Sec--Lon - .
M. _n _:;=g -cunt_.•, ;4ashing�c. ,
:h ence east '-e _e_^_ter_,ne�o_ Lake renw_zx Count_r Read,
ner_ce pert: ^ ,8°0C 00' east alone said _ent_r' __ ne
:ence east 11C _eet zc _ne __ae cc_nt L
: .
ence cl iJ Y UV eaS _
::ence south _6°08 00' east c a co-_ >hJ =eet scut:Z of -c--
Sect_on 7_ne,
thence east 20 feet;
thence northeasterly to a oo'nt 370 feet •,aester'_y Of the east __ne
of Section and east of _he point of beginning;
-, hence •.pest t., the rue point of beginning.
END OF SC EDL:,E A
r'
NOTE FOR INFORMATIONAL DURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65 . 04. Said abbreviated legal
description is not a substitute for a complete regal description w1t:'1=
the body of the document.
NE, 27-22-'04 '00
f EXHIBIT B
. v%sot w
t I
r
� 4 n - f• _ � s
f I 370 }
26 -54
1 j
,i
' t � 7 � s•� i� I\
1 N
P.\CII-IC '�N'ORTI-i« I:��l' �T(�-I_L CO�II'.���� NORTH
SOUTif
•
interoffice
MEMORANDUM
to: Jerry McCaughan
cc: Brenda Jacober (with original title report)
from: Helen Wickstrom
re: Title Policy = Lake Fenwick (Ecklund)
date: November 25, 1997
Attached is a copy of the title insurance for the property we just purchased at Lake
Fenwick. The City already owned 2/8ths interest in the property under tax lot
272204-92115-01. We purchased the remaining 8/10th interest from the Ecklund
family under tax lot 272204-f9202-06.
I will send you a copy of the recorded deed when it is received.
from the desk of...
Helen Wickstrom
Special Project Manager
Kent Parks&Recreation
220 4th Avenue South
Kent,WA 98032
(253)520-4249
Fax:(253)859-4005
PACIFIC NORTHWEST TITLE
Company of Washington, Inc.
City of Kent
Parks Department
220 South Fourth, 4th Floor
Kent, Washington 98032
Attention: Helen Wickstrom
Order No. : 310604
Your Ref . : ECKLUND
Enclosed is your Policy for Title Insurance on the above-referenced
transaction.
Thank you for the opportunity of serving you. We look forward to
working with you again.
Mike Sharkey
Senior Title Officer
Unit 12
1201 Third Avenue A Suite 3800 A Seattle,WA 98101-3055 A (206) 622-1040 & Fax: (206) 343-1358
http://pnwt.com
POLICY OF TITLE INSURANCE ISSUED BY
i
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CON
TAINED IN SCHED
ULE
E B AN
D THE CON
DITIONS
DITIONS AND STIPULATIONS, PACIFIC
NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured
by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated
therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
I �
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of
the title, as insured, but only to the extent provided in the Conditions and Stipulations.
III'^ IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused this
policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in
Schedule A.
President
�t PACIFIC NORTHWFS T TITLE
Countersigne by:
Insurance Company, Inc.
INS Authorized Signato
\ b
9�
t
F
-.+pn��+co PACIFIC NORTHWEST TITLE
SEAL Company Seattle, Washington
fe s
sx
w �
�SNINB�
I
City,State Y
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,
attorneys'fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii)the character,
dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any
violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a
i notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorde
d in the
II public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but
not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens,encumbrances, adverse claims or other matters:
(a) created, suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant an
not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
`I this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;or
G (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
I II.
0.1093- 33294
ALTA OWNER'S POLICY—10-17-92
Dili Vll;,;
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER' S POLICY
SCHEDULE A
Order No. : 310604 Policy No. : 1093-33294
Policy Date : November 12 , 1997 Policy Amount : $5, 760 . 00
at 10 : 20 a.m.
1 . Name of Insured:
CITY OF KENT, a municipality
2 . The estate or interest in the land described herein and which is
covered by this Policy is :
FEE SIMPLE
3 . The estate or interest referred to herein is at date of Policy
vested in:
CITY OF KENT, a municipality
4 . The land referred to in this Policy is described as follows :
8/10 interest commencing at the southwest corner of the northeast
quarter of the northeast quarter of Section 27 , Township 22 North,
Range 4 East, W.M. , in King County, Washington;
thence east to the centerline of Lake Fenwick County Road;
thence north 0800010011 east along said centerline 638 feet;
thence east 110 feet to the true point of beginning;
thence south 7301410011 east 57 . 24 feet ;
thence south 16008 , 0011 east to a point 960 feet south of the north
Section line;
thence east 20 feet;
thence northeasterly to a point 370 feet westerly of the east line
of Section and east of the point of beginning;
thence west to the true point of beginning.
Standard Coverage
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
A.L.T.A. OWNER' S POLICY
SCHEDULE B
Policy No. : 1093-33294
This policy does not insure against loss or damage by reason of the
following:
GENERAL EXCEPTIONS :
1 . Rights or claims of parties in possession not shown by the public
records .
2 . Easements, or claims of easements, not shown by the public record.
3 . Encroachments, overlaps, boundary line disputes, or other matters
which would be disclosed by an accurate survey or inspection of the
premises .
4 . Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records, or liens under the Workmen' s Compensation Act
not shown by the public records .
5 . Any title or rights asserted by anyone including but not limited to
persons corporations, governments or other entities, to tide lands,
or lands comprising the shores or bottoms of navigable rivers,
lakes, bays, ocean or sound, or lands beyond the line of the harbor
lines as established or changed by the United States Government .
6 . (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water.
7 . Taxes or special assessments which are not shown as existing liens
by the public records .
8 . Any service, installation, connection, maintenance, capacity, or
construction charges for sewer, water, electricity or garbage
removal .
9 . Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including, but not limited to, easements or equitable
servitudes .
SPECIAL EXCEPTIONS :
As on Schedule B, attached.
(continued)
Policy No. : 1093-33294
A.L.T.A. OWNER' S POLICY
SCHEDULE B
Page 2
SPECIAL EXCEPTIONS :
1 . AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE
PURPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE
FOLLOWING:
IN FAVOR OF : Adjacent property
FOR: Roadway
DISCLOSED BY INSTRUMENT
RECORDED: June 17, 1939
RECORDING NUMBER: 2543331
AFFECTS : As constructed
2 . Reservation of all coal, oil, gas and mineral rights, and rights to
explore for the same contained in deed from Weyerhaeuser Timber Co. ,
a Washington corporation.
RECORDED: August 27 , 1907
RECORDING NUMBER: 505736
NOTE : No examination has been made to determine the present record
owner of the above minerals, or mineral lands and appurtenant rights
thereto, or to determine matters which may affect the lands or
rights so reserved.
NOTE : Said deed provides for just and reasonable compensation for
any injury to the surface of said land in exercising these rights .
Said Reservations were amended by instrument recorded under
Recording Number 7907030321 .
3 . Notwithstanding the insuring clauses of this policy, the Company
does not insure against any loss or damage by reason of lack of
access to and from the land.
4 . Right of the state of Washington in and to that portion, if any, of
the property herein described which lies below the line of ordinary
high water of Lake Fenwick.
5 . Any prohibition of or limitation of use, occupancy or improvement of
the land resulting from the rights of the public or riparian owners
to use any portion which is now or has been formerly covered by
water.
END OF SCHEDULE B
XX/lts/5048O
f� !
36
3 t.
� r ]
NX, .
16
r�rf$ � �' , t •,.� aS�G C
�z
1 �� �� 1. • 1v ' 1
tIJ • f ids
.ie ..S •� ry
r 3 2 6 •54
P.1CITiC FST TITI_ECON11) \N)' VORTII
I'r,rrrrc�rl� .5;� t; crrf 11-1/c ('c,rrrpilly
�' •:if�itll 1�;!I1 ,..�fCl:i: IU � '! ,II;�1 uili�f 1,11:,1
fc;t,tlll III .SUL'Tll
rl /